Web Desk: Afghan religious scholars and human rights groups are sharply criticising a newly endorsed Taliban penal code, warning it entrenches repression, expands arbitrary punishment and departs from both Islamic principles and international legal standards.
The document, formally approved by Taliban supreme leader Hibatullah Akhundzada and circulated nationwide to Taliban courts, mandates absolute obedience to his decrees and criminalises any form of defiance, according to copies reviewed by media and rights organisations.
Under the code, compliance with Akhundzada’s orders is compulsory for all citizens and Taliban officials. Articles within the document prescribe corporal punishment and prison terms for those who disobey directives, while senior officials who fail to comply risk dismissal.
The code spans 10 chapters and 119 articles and establishes penalties ranging from flogging and imprisonment to fines. It also expands criminal liability beyond security matters into social relations, family life, religious practice and personal behaviour.
Rights advocates say the document institutionalises fear as a governing tool.
“This framework seeks to reshape society through coercion,” said Azita Nazimi, a human rights activist. “It formalises gender segregation and imposes obedience through punishment rather than justice.”
The penal code criminalises a wide range of actions, including interacting with an unrelated woman, criticising Taliban authorities, speaking to or looking at a neighbour’s wife, and failing to report individuals deemed opponents of the Taliban.
According to rights group Rawadari, people who become aware of activities labelled “subversive” and fail to act against or report them may face up to two years in prison. Sheltering fighters or individuals described as “corrupt” can result in lashes and lengthy jail sentences.
Insulting Taliban leaders carries penalties of flogging and imprisonment, while leaving the Hanafi school of Islam is punishable by up to two years in jail, the group said.
While the code addresses violence against women, activists say its provisions offer minimal protection. Domestic violence is recognised as a crime only in narrow circumstances and requires visible physical injuries as proof. Even then, the maximum punishment for convicted husbands is limited to short-term detention.
Rights advocates warn the framework ignores psychological and sexual abuse, risking further harm to women and children.
The document also introduces a formal social hierarchy, dividing society into multiple classes and repeatedly using the term “slave,” provisions critics say contradict basic principles of equality and human dignity.
Rawadari said such classifications violate international human rights law and the absolute prohibition of slavery.
The group further warned that the code labels opponents as irredeemable “agents of corruption,” language it said could be used to justify extrajudicial violence without due process.
Legal experts have raised alarm over the absence of basic judicial safeguards. Rawadari said the code does not guarantee access to legal counsel, the right to remain silent or compensation for wrongful punishment, nor does it ensure transparent court procedures.
The group urged the immediate suspension of the code and called on the United Nations and international community to prevent its enforcement.
Religious criticism has also emerged beyond Afghanistan. Pakistan’s Ulema Council said the penal code contradicts the Quran and Sunnah and does not reflect Islamic law.
In a statement issued Sunday, the council said the document undermines human dignity and raised concerns about provisions dividing society into “free people” and “slaves.” The council urged the Taliban to clarify their position and avoid reviving pre-Islamic customs under the name of religion.
The Islamic Society of Afghanistan described the code as a “manifesto of deviation,” warning it could deepen discrimination, suppress freedoms and erode accountability within the justice system.
In a statement released Saturday, the party said the selective use of religious language serves to consolidate power rather than uphold justice, calling on religious scholars to challenge the misuse of Islamic concepts.
Taliban officials say the code forms the legal foundation of rulings in courts under their control and reflects their interpretation of Islamic law. A Taliban Supreme Court spokesperson has previously acknowledged that punishments may vary based on social classification in some cases.
The Taliban have not publicly responded to the latest criticism from rights groups or clerics.
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